Resolution 370-1994
RESOLUTION NO 370
-1994
A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF
INTEREST FOR BILL BROACH AS A MEMBER OF THE BOARD OF
DIRECTORS OF THE ISLAMORADA CHAMBER OF COMMERCE
SERVING AS DISTRICT IV ADVISORY COMMITTEE MEMBER WHOSE
CHAMBER IS FUNDED BY THE MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL (MCTDC) TO PROVIDE TELEPHONE &
TOURIST INFORMATION SERVICES TO THE MCTDC.
WHEREAS, under Florida Statutes ~112.313(3) and (7), a member of the To~ist Development-+founcil, an
advisory board, is prohibited from doing business with one's agency and having COnflicig inPlo~nt of;fontractual
::::0 :z Cl
relationship, respectively, except pursuant to a waiver under Fla. Stat. ~112.313(12) by b~iCh 1'rinteg..,lhe person
to the advisory board upon a full disclosure of the transaction of the appointing ::!>MY (The...Boar~f County
c-....:<. ~
Commissioners) prior to the waiver and an affirmative vote by 213 vote of that body, and ~ ::: , ;~
WHEREAS, Bill Broach has made full disclosure of his affiliation with the Monroe- 'eQlmty -4rist .c.velopment
.,.., .. ~
- ::0
Council concerning Conflict of Interest. ?, 0\ ,)
WHEREAS, the Board of County Commissioners wishes to waive the prohibition against Bill Broach's conflict in
Fla. Stat ~112.313(3) and (7) in accordance with ~112.313(12), now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as
follows:
Section 1 As per Aorida Statute ~112.313(3) and Florida Statute 112.313(12), a waiver is hereby extended to
Bill Broach, a member of the Tourist Development Council's District IV Advisory Committee, who is a member of the Board
of Directors of the Islamorada Chamber of Commerce which is funded by the Monroe County Tourist Development
Council to provide telephone and tourist information services to the MCTDC, provided he abstains from voting on any
relevant issues or motions pertaining to MCTDC funds to be paid for services provided by or events sponsored by the
Islamorada Chamber of Commerce.
Section 2. So as to conform to the 2/3 voting requirement under Fla. Stat. ~112.313(12), the following vote
reflects the action of the Commissioners as concerns this Resolution:
Mayor Freeman Y~E__
Commissioner Wilhelmina Harvey .y..es__
Commissioner london ~.e5.-_
Commissioner Ibuglass .y.e.s..._
Commissioner Maryl<ay Reich .y.es--
PASSED AND ADOPTED by 213 vote of the Board of County Commissioners Monroe County, Florida, at a regular
meeting' of the Board held on the ~ day of November , 1994.
By4!uUJ~
eputy erk
BOARD OF COUNTY COMMISSIONERS
OF MONR E COUNTY, FLORIDA
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Approved as to form and legal sufficiency by:
Date: / rlr'/
F.ORM' 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
: Ot'f'IC~SITI9Y /J '
I 1. VI c e r Fe 5,jC"/1T
I AGENCY /ADVISOR Y BOARD
L q 11 e i Is k friO yq6-q C AqmiJ e,' 0.1 (~o 0/frle'rC -€__
, CITY ZIP COUNTY ADDRESS OF AGENCY ,
I 1:S/cth1b'':ttk-. :130]' b/l roe 8;ZJ..o 0 0 erSeCt5 /lu.;I.j.
, PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
'B;:~:~ kFIRW:^n~:;~DDLE INllfL
MAILING ADDRESS
'3 Cortez
WHO MUST COMPLETE THIS PART
Sections 112.313(3) and 112.313(7). Florida Statutes. prohibit certain business relationships on the part of public officers and employees, including persons
servlnll on advisory boards. See Part III, Chapter 112, Florida Statutes and/or the broebure entitled "A Guide to the Sunshine Amendment and Code of Ethics
for Public Officers. Candidates and Employees" for more detaiU on these prohibitions, However. Section 112.313(12). Florida Statutes (1979) permits the
appolntin&: official or body to waive these requirements In a particular irutance provided: (a) waiver bY the appointlnll bodY must be upon a two.thirds
alfinnative vote of that body; or (b) waiver by the appointinll person must be effected after a public hearing; and (c) In either cue the advisory board member
must fully disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313, Florida Statutes. This Pan
of Form 4A has been prescribed by the Commission on Ethics for sucb disclolUre. If and when applicable to an advl.lory board member.
Plea.se complete lbe foUowlnc only If required to do so in lIcht of the above:
1. The partnership, directorship. proprietorship. ownership of a material Interest, position of officer, employment. or contractual relationship which would
otherwise violate Subsection (3) of (7) of Section 112.313. Florida Statutes is beld by: ( ) The repon!ni: person: Punuant to Section 112.313(3).
Florida Statutes:
Spouse of reportInl person wbose name Is
or (
) Cbild of the report!na:
person whose name is
2. The particular transaction for whleb this waiver Is 10uCht involves:
L SupplY!n& the foUowinC realty. 100ds and/or services:
b. Tbe followlnll busin... entity wID supply the. commodities:
c. The relationship of the undersi&ned advisory board member or spOUH or child of sueb advisory .board member to the person or business entln'
traI1$actinC t.b.is busineas is [ebeck applicable spacel] :
) Officer: ( ) Partner: ( ) Associate: ( ) Sole Proprietor: ( ) Stockholder: ( ) Director: ( ) Owner of inexceas of 6~ of the ...ets or
capital stock in Nch business entity: ( Public Officer or employee boldinl a contractual relationship with Nch busin_ entity: ( ) Other. please
desc:dbe:
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
! WHO MUST COMPLETE THIS PART
I Section 112.313(3) and 112.313(7). Florida Statutes, prohibit certain busWsl relationships on the part of public officers and employees. See Part nt. Cbapter
1112. Florida Statutes and/or the brochure entitled "A Guide to lbe SuzubiDe Amendment and Code of Ethics for Public Officers. Candidates and Employees"
I for more details on the.. prohibitions. However. Section 112.313(12)(e). Fiorida Statutes (19'79) provides an exemption from the above-mentioned restrictions
; iD the event that the business entity iDvolved is the only source of supply withln the political subCUvision of the officer or employee. In alcb cues the officer's or
: employee's interest in the business entity must be fully disclosed to the Ioyemlne body of the political subdivision. Tbis Part of Form "A has been prescribed b)'
i the CommiasIon on Ethics for Neb disclosure. if and when applicable.
I Pie... complete the foUowlnC only if requJred to do so In li&ht of the above:
11. The 100d$ or services being supplied by a business en tit)' with which the undel'Sicned public officer Or employee or spOIl.. or child of Nch officer or
employee is involved Include(s)
!2-
i
I
I
i 3.
I
I
The business entity whieb Is the only source of supply of the above loodl or services within the politicalsubclivlsion is;
(NAME OF ENTITY)
(ADDRESS)
The interest of the Wldem.ned pUblic officer or employee or spouse or child of Neb officer or employee In the business entity named in Item 2 above is
[cheek applicable spaces] :
) Officer; ( ) Partner; ( ) Associate; ( ) Sole Proprietor: ( ) Stockbo14er: ( ) Director; ( ) Owner of iD excess of 6% of the assets or
capital stocle in sueb business enut).; ( ) Public officer or employee boldiDl a contractuaI relationship with sueb business entit)': ( ) Other, please
deacribe:
, SIGNATt1R.E
I ,- -
~~,~
~ Y!i~~~
...--
SIGNATURE
I DATE SIGNED
i
1/0-3/- 7'-(
FILING INSTRUCTIONS
I DATE FILED
Part A of this Form must be filed. if applicable. with lbe appointin& body or person waivin~ the restrictioru of SectJon 112.313(3) or (7). Florida Statutei, prior
~ to sueb waiver. Part B must be filed. if applicable, with the covemlnll body of the POlitlCal subdivision in which the reportinll person is servin/:. It is sullleitee
, that this disclosure be made prior to the subject transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (19'79). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE
I OR EloIPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED Sr..GOO.
'CE FORM 'A - RE\'. 12-711